| | |
person shall facilitate the examination and aid in the | | examination insofar as it is in their power to do so.__The | | refusal of a licensee, by its officers, directors, employees | | or agents, to submit to examination or to comply with any | | reasonable written request of the superintendent is grounds | | for suspension or refusal of, or nonrenewal of, any license or | | authority held by the licensee to engage in the business of | | settlements or other business subject to the superintendent's | | jurisdiction.__Any proceedings for suspension, revocation or | | refusal of any license or authority must be conducted pursuant | | to Title 5, chapter 375, subchapter 4. |
|
| | | C.__The superintendent has the power to issue subpoenas, to | | administer oaths and to examine under oath any person as to | | any matter pertinent to the examination.__Upon the failure | | or refusal of a person to obey a subpoena, the | | superintendent may petition a court of competent | | jurisdiction and, upon proper showing, the court may enter | | an order compelling the witness to appear and testify or | | produce documentary evidence.__Failure to obey the court | | order is punishable as contempt of court. |
|
| | | D.__When making an examination under this chapter, the | | superintendent may retain attorneys, appraisers, independent | | actuaries, independent certified public accountants or other | | professionals or specialists as examiners, the reasonable | | cost of which must be borne by the licensee that is the | | subject of the examination. |
|
| | | E.__ This chapter may not be construed to limit the | | superintendent's authority to terminate or suspend an | | examination in order to pursue other legal or regulatory | | action pursuant to the insurance laws of this State.__ | | Findings of fact and conclusions made pursuant to any | | examination are prima facie evidence in any legal or | | regulatory action. |
|
| | | F.__This chapter may not be construed to limit the | | superintendent's authority to use and, if appropriate, to | | make public any final or preliminary examination report, any | | examiner or licensee workpapers or other documents or any | | other information discovered or developed during the course | | of any examination in the furtherance of any legal or | | regulatory action that the superintendent may, in the | | superintendent's sole discretion, consider appropriate. |
|
| | | 6.__Examination reports. Examination reports may be composed | | only of facts appearing upon the books, records or other | | documents of the licensee or its agents or other persons examined |
|
|